Shannon Nelson and Louis Alonzo Madden v. Colorado
Issues
Is Colorado’s requirement that defendants must prove their innocence by clear and convincing evidence after reversal of conviction of a crime, in order to have various monetary penalties returned to them, consistent with due process?
This case presents the Supreme Court with an opportunity to decide the constitutionality of a statute requiring a defendant to initiate a civil case to obtain reimbursement of costs, fees, and restitution after the reversal of conviction of a crime. This case arises out of Shannon Nelson’s conviction for sexual assault, which was overturned after she served prison time and paid various fees. The Colorado Supreme Court found that due process did not require a refund because a defendant could receive compensation by filing a civil suit under the Exoneration Act. Nelson argues that Colorado’s requirement improperly places the burden of proof on the defendant to prove his or her innocence in order to recover fees paid for a conviction that was later overturned. Colorado asserts that Nelson did not necessarily have an automatic right to the refund of her criminal penalties and that, even if she did, Colorado’s requirement satisfies due process. This case poses questions about a state’s ability to affect the presumption of innocence through statutes that influence the scope of due process.
Questions as Framed for the Court by the Parties
Colorado, like many states, imposes various monetary penalties when a person is convicted of a crime. But Colorado appears to be the only state that does not refund these penalties when a conviction is reversed. Rather, Colorado requires defendants to prove their innocence by clear and convincing evidence in a separate civil proceeding to get their money back. The Question Presented is whether this requirement is consistent with due process.
Petitioner Shannon Nelson was convicted in 2006 of sexual assault offenses against her children for which she began serving a prison term and incurred monetary charges, which the state of Colorado imposes on defendants who have been convicted. See Colorado v. Nelson, 2015 CO 68, No. 13SC495 (Colo. Dec. 21, 2015) at ¶2.